Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-10-06
PROHIBITION IN pENoBscoT.
Interesting Correspondence between Gov
ernor Bodwell and Sheriff Brown.
Public Hearing to be Given to Deter
mine Whether Special ConstabIes Shall
be Appointed.

be Appointed.
Governor Bodwell informed the Kennebec
Journal reporter that on the 18th of July
last, he sent the following letter to G NJ.
Brown, sheriff Of Penobscot county.
STATE OF MAINE,
EXECUTIVE DEPARTMENT
AUGUSTA, July Is, 1887
Sir-The people of Maine are fully COM
mitted to rigid and impartial enforcement
of the laws against tipping shops and drink
ing houses. and as the initial proceedings
against all offenders in your county rests, 10
great measure, with you and your deputies,
would most espectfuily;invite your attention
to section 60, chapter 81, Revised Statutes,
touching your duties in these cases You
will note that its provisions are explicit and
mandatory. Let this law be as thoroughly
enforced as all others. Can not, therefore,
relv upon you to inaugurate such measures
forthwith as will most effectually suppress
the illegal sale of intoxicating liquors 10 your
county! l shall regard it as great favor if
you will advise me, at an early day, as to
what action, if any, you make in this matter.
The Governor received the following reply
from the Sheriff.
BANGOR, July 2lst, 1887.
Hon. JOSEPH r. BoDwELL, Governor of
Maine.
Dear SIR Yours of the 18th inst is before
me and contents noted. l have endeavored
since assuming my present position to enforce
all laws required of me as Sheriff, and in the
future shall continue to do my DUTY accord
ing to my best judgment. | am not aware of
any complaint about the special subject
| n lln1Qd m in OF in fhia
Yours Very Respectfully,
G. w. Brown,
Sheriff of Penobscot County
He at once replied to Sheriff Brown as
follows, and this communication remains
unanswered:
G. W. Brown ESQ.,, Sheriff of Penobscot
County.
Dear SIR In reply TO communication
addressed to you concerning the proper en-
forcement of the laws prohibiting the sale of
Intoxicating liquors, letter of the following
| tenor has been received from you, viz: II
have endeavored since assuming my present
position to enforce all laws required of me as
Sheriff, and in the future I shall continue to
do my duty according to my best judgement.
| AN not aware of any complaint about the
special subject alluded to in your letter. in
| lHls seCIlOii 1t Is prOflutu Ill sectiOu on,
Chapter 81 of the Revised Statutes of this
state, that "Sheriffs and their deputies shall
diligently and faithfully inquire into all viola
tions of law, within their respective counties,
and institute proceedings against viola
tons or supposed violations of law,
and particularly against the illegal sale
| OF intoxicating liquors, either by prompt-
| ly entering complaint before magistrate
and executing the warrant issued thereon.
or by furnishing the county attorney,
promptly and without delay, with the
names of alleged offenders, and of the wit
nesses." This explicit command laid upon
sheriffs by the legislature has, of course. re-
moved all doubt from your mind that the
enforcement of the prohibitory law of Maine,
il something specially required of you as
sheriff" You must therefore be understood
as asserting in effect, that you have "dili-
gently and faithfully inquired" into the vio-
lation of this law in your county, and that you
desire it to BE- inferred from the absence of
complaint relating thereto, either that no per-
son is violating this las, or that all offenders
are so vigorously prose cuted as TO leave no
ground for complaint. But if such "dligent
and faithful inquiry on your part has
failed to secure evidence that intoxicating
liquors are openly sold in numerous places
in Bangor in violation of law, AMI that whole
sale and retail liquor dealers publicly ad-
vertse their traffic in the prominent squares of
that city, | have in my possession some
printed circulars and other evidence which
might be valuable, or at least interesting for
YOU to possess. If on the contrary such in
quirv on your part has resulted in obtaining
this evidence. and the State has received no
benefit from it at your hands, the inference
is plain, that when you say you will do your
| dutv oppor1inu r. s. heat luduampnf"
mean that it is your "best judgement" not
10 enforce the law at all. so long as there is
'fno complaint" and unless the local sentiment
agressively demands it. 1t ought to be
unnecessary to remind you that no such lati-
| tude of discretion is given you either by your
oath of office, or by the statutes of the state.
The wisdom and propriety of this law has
been passed upon by the legislature and the
people of this state. Its enforcement has
been impressively enjoined by the legislature,
and is uuquestionably demanded by the best
interest of society; and while the discretion
of the officer must be exercised with respec'
to the means and methods of obtaining evil
dence to insure conviction, the question
whether this law shall be enforced at all OF
not, has never been submitted to the "besI
judgment" Of sherffs and their deputies.
Very Respectfully,
j. X. BoDwELL, Governor.
Application was made to the Governor and
Council by more than thirty citizens of Ban
gor, the number required by the statutes, ask
| ing for the appointment of special constables
for Penobscot county. The petition was re-
ferred to the Council and no action taken
thereon. At the next meeting of the Gov
ernor and Council, Oct. 18th, notice for q
public hearing upon this question will be
given, time appointed for the hearing, ir
order that all interested may be present, and
whether constables will be appointed or not
will depend upon the evidence furnished
No hasty action has been taken or con-
templated. and the citizens of Bangor will
have full opportunity to be heard
New Corporations
| Two new corporations fled certificates OF
organization in the office of the Secretary Of